DAP Sabah is concerned that the government is not doing much for its own citizens in as far as documentation is concerned.
First, there are many indigenous people in Sabah who because of remoteness are unable to register their birth. Sadly even today there are many cases of parents who are paperless leading to their children facing the same fate.
We know that the Judiciary is doing something about this by having a mobile service to help these folks to have documents that will allow them to apply and obtain legal document to proudly live as citizen of Malaysia.
As accessibility has improved tremendously it is hope that the Judiciary department will have a special unit to entertain these folks who come to the unit.
We thank and congratulate the Judiciary department for their proactive initiative.
The Federal constitution is clear about citizenship (Part III).
In the case of Lim Boon Chai a Malaysian citizen (IC 741124-01-6871) and together with wife Aida Yasim Usman have a son Lim Chee Siong born on 27th June 1996 in Lahad Datu. Sdra Lim Boon Chai applied for his son citizenship under Article 15A of the Federal Constitution. The Home Ministry on 1st December 2010 rejected his application citing Article 15A of the Federal Constitution. However, the Ministry has indicated that he can reapply after one year from the date of the rejection letter after all terms and conditions as per Federal Constitution are satisfied.
Article 15A is the special power to register children. It states “subject to Article 18, the Federal government may, in such special circumstances as it thinks fit, cause any person under the age of twenty-one years to be registered as a citizen.
Unfortunately the government did not inform the applicant what is it that they think fit?
As far as the Constitution is concerned there is no mention of religion. Religion should not be within the so-called terms and conditions. Thus, a person applying for citizenship who has no religion should not be penalised.
The provision of Article 15 (2) is very clear. The Federal government may cause any person under the age of twenty-one of whose parents one at least is (or was at death) a citizen to be registered as a citizen upon application made to the Federal Government by his parent or guardian.
We appeal to the government to help its citizens to obtain the documentation so that they can have a peace of mind, proud to be Malaysian and enjoy the benefits of being a citizen of Malaysia. In Sabah, as a citizen and an indigenous community he/she can also enjoy the benefits of being a native such as possession of native land, opening of ASB account, health care and so forth.
It is heart breaking for these “citizens” who are genuinely Malaysians but are deprived of citizenships because they do not have papers such as birth certificate or unable to satisfy the terms and conditions of the Home Ministry.
The question is “why are illegal immigrants given citizenship so easily?”. The Royal Commission of Inquiry on illegal immigrants has clearly shown that illegal immigrants were legalised and given citizenships in thousands. They become citizens despite not fulfilling Article 18(1) of the Federal Constitution which stated that “No person of or over the age of eighteen years shall be registered as a citizen under this Constitution until he has taken the oath set out in the First Schedule”.
We urge the government to help people like Lim Chee Siong and the thousands of indigenous folks who are living as paperless Malaysians. DAP Sabah is already reaching out to these people and to assist them to obtain proper papers. DAP Sabah will work closely with the Judiciary Department and is more than happy to help the National Registration Department (NRD) in this exercise.